Family wins Lungu burial dispute appeal
By Ludia Ngwadzai
THE Supreme Court of Appeal (SCA) of South Africa has overturned a 2025 Gauteng High Court ruling that had granted the Zambian government the right to repatriate and bury former president Edgar Lungu in Lusaka.
In a judgment delivered yesterday, the court upheld the appeal by former first lady Esther Lungu, members of the Lungu family and family spokesperson Makebi Zulu and threw out the High Court’s judgment and orders.
The court ruled that the Zambian government failed to establish a legal right to override the family’s wishes with respect to the burial of the former president.
“The Zambian government’s failure to establish a right under either the
common law or contract to override the family’s burial decision is fatal to its case.
The High Court erred in finding that the Zambian government was entitled to relief.
It ought properly to have dismissed the application. The appeal must be upheld and
the order of the High Court set aside,” the court said.
Writing for the majority, Justice Raylene Keightley held that South African constitutional principles protecting dignity, privacy and family autonomy, together with common law principles recognising the rights of next of kin in burial matters, favoured the Lungu family.
Justice Keightley found that the family had the legal right to decide how and where the remains would be buried.
She said despite the Zambian government’s argument that it was entitled to repatriate the former President’s remains for a state funeral, it failed to prove that Zambian law, customs or protocols gave it the authority to make burial decisions against the wishes of the deceased’s family.
Justice Keightley also ruled that no expert evidence had been presented to substantiate claims regarding Zambian burial protocols for former presidents.
The court rejected the government’s argument that an agreement had been reached between the two parties to repatriate the body and hold a state funeral in Zambia. She said discussions and proposed funeral programmes exchanged between the family and government representatives amounted to ongoing negotiations rather than a binding agreement.
The court accepted the evidence presented by the family that Lungu had consistently expressed his wish that President Hakainde Hichilema and the Zambian government should not play a role in his funeral arrangements.
Justice Keightley said the wishes were supported by evidence from family members and others close to the former president.
“The Zambian government’s failure to establish a right under either the common law or contract to override the family’s burial decision is fatal to its case,” Justice Keightley said.
She said neither South African law nor the evidence presented justified interference with the family’s decision regarding the burial of the late former president.
Lungu died in South Africa on June 5, 2025 after receiving treatment for terminal oesophageal cancer.
His death triggered a protracted dispute between his family and the Zambian government over funeral and burial arrangements.
